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What are the New Jersey sentencing guidelines for terroristic threats?

What are the New Jersey sentencing guidelines for terroristic threats?

Full question:

I need to know the New Jersey sentencing guidelines for terroristic threats. My sister lives in Arizona and was just notified over the phone by a police officer in New Jersey that she was being charged with terroristic threats due to a phone call that was supposedly made from Arizona to a New Jersey resident. Could you please give me as much detail on this charge as possible?

Category: Criminal
Date: 04/07/2025
State: New Jersey

Answer:

In New Jersey, a person can be charged with terroristic threats under N.J. Stat. § 2C:12-3. A person is guilty of a third-degree crime if they threaten to commit a violent crime with the intent to terrorize someone, cause an evacuation, or create serious public inconvenience. If the threat occurs during a declared state of emergency, it escalates to a second-degree crime. Importantly, the person can be held liable even if they were unaware of the emergency status.

Additionally, a person is guilty of a third-degree crime if they threaten to kill someone, intending to instill imminent fear of death in the victim, and the circumstances reasonably cause the victim to believe the threat is immediate and likely to be carried out.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the threat law in New Jersey?

In New Jersey, the law regarding threats is primarily outlined in N.J. Stat. § 2C:12-3. This statute defines terroristic threats as making threats to commit violence with the intent to terrorize another person, cause an evacuation, or create serious public inconvenience. Depending on the circumstances, such as whether the threat occurs during a state of emergency, the severity of the charge can range from a third-degree to a second-degree crime.

Can you beat a terroristic threat charge?

Beating a terroristic threat charge in New Jersey often depends on the specifics of the case. Defenses may include proving that the threat was not credible, was made in jest, or that there was no intent to instill fear. Legal representation is crucial to navigate these defenses effectively and to challenge the evidence presented by the prosecution.

What is considered a legal threat?

A legal threat is a statement indicating an intention to cause harm or violence to another person, which can be taken seriously by the victim. In New Jersey, threats that instill imminent fear of death or serious bodily harm can be considered legal threats under N.J. Stat. § 2C:12-3, especially if the victim reasonably believes the threat is likely to be carried out.

What is considered a threat in NJ?

In New Jersey, a threat is generally defined as a communicated intention to inflict harm or violence on another person. This can include verbal threats, written threats, or threats made through electronic means. The key factor is whether the threat is made with the intent to terrorize or cause fear, as outlined in N.J. Stat. § 2C:12-3.

How long do you go to jail for terroristic threats in New Jersey?

The length of jail time for terroristic threats in New Jersey can vary based on the degree of the crime. A third-degree crime may result in 3 to 5 years of imprisonment, while a second-degree crime, which includes threats made during a state of emergency, can lead to 5 to 10 years. Sentencing can also be influenced by prior criminal history and other factors.

What is the federal law on terroristic threats?

Federal law defines terroristic threats under various statutes, primarily focusing on threats that affect interstate or foreign commerce. It includes threats to commit violence against individuals or property that can disrupt public safety. While federal law can apply, most cases are prosecuted under state laws, such as those in New Jersey, which have specific definitions and penalties.